Archive for October, 2006
The Third District Court of Appeal recently approved the use of hypothetical questions by counsel during jury selection provided the questions are “designed to determine whether the jurors could correctly apply the law.” In Moore v. State, __ So2d __ (Fla 3 DCA Oct 4, 2006) the Court approved the use of hypothetical questions designed to explain the difference between testimonial evidence and physical evidence to prospective jurors.
Continue Reading October 31st, 2006
A trial lawyer was prevented from exercising a peremptory strike on an African-American female during voir dire even though the lawyer was getting “bad vibes” from the prospective juror and felt her body language indicated she was not being open and honest in her answers.
Continue Reading October 27th, 2006
In jury selection we always want to know more about prospective jurors than we can sometimes ask. Political correctness, gentlemanly discretion, or sometimes just a plain old having-a-bad-day judge will preclude our ability to find out certain things about people that we would really like to know before we let them decide our client’s fate.
Continue Reading October 2nd, 2006
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